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NT WorkSafe charges Darwin construction company with industrial manslaughter

The worker died when he was hit by a chain while working in Maningrida. (ABC News: Hamish Harty)

The Northern Territory's work safety watchdog has launched its first industrial manslaughter prosecution, over the death of a worker in a remote Aboriginal community two years ago.

The 50-year-old man suffered fatal injuries after a chain allegedly failed during a towing operation in Maningrida, about 370 kilometres east of Darwin.

"The worker was operating an excavator to tow another excavator, which had broken down," NT WorkSafe said in a safety alert issued in March 2020.

"The chain was attached to the chassis (frame) of the broken-down excavator and to the quick clamp of the other excavator.

"The chain, [allegedly] broke [and] recoiled, striking the worker who was sitting in the excavator cabin."

NT WorkSafe today announced it had charged Darwin-based construction company Kalidonis NT Pty Ltd over the fatal incident.

"This is the first time a prosecution for industrial manslaughter has been brought since the introduction of the offence in the Northern Territory," NT WorkSafe said.

If found guilty of the charge, the company faces a maximum penalty of more than $10.3 million.

The company also faces two alternative charges over the fatal incident, including reckless conduct and failing to comply with a health and safety duty.

The maximum penalties for the alternative charges are $3 million and $1.5 million respectively.

NT WorkSafe has also charged the company's sole director Theofilos Kalidonis over the fatal incident.

Mr Kalidonis faces a charge of reckless conduct, which attracts a maximum penalty of five years in prison and/or a fine of $600,000.

He also faces an alternative charge of failing to comply with a health and safety duty, which has a maximum penalty of $300,000.

Additionally, Mr Kalidonis and his company have been charged with failing to comply with a health and safety duty in relation to a separate alleged incident involving the same worker eight days before he was killed.

The charges are expected to be heard before the Darwin Local Court on May 10.

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